Order No. 2004-A-413

September 30, 2004

September 30, 2004

IN THE MATTER OF an application by Elan Express, Inc. for an exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10.

File No. M4211/E347-2


Elan Express, Inc. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title.

Under Licence No. 030118, the Licensee is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada, restricted to single entity passenger and single entity property charters originating in the United States of America and to the equivalent charter types for charters originating in Canada.

Subsection 84(2) of the Canada Transportation Act (hereinafter the CTA) requires that a licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada, and, in writing, provide the Agency with the agent's name and address.

The Agency has reviewed the application and, in the context of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995, is of the opinion that compliance by the Licensee with subsection 84(2) of the CTA is unnecessary.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts the Licensee from the application of subsection 84(2) of the CTA.

This Order shall be affixed to Licence No. 030118.

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